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By José María Sauca

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3. The Consejo de Estado (Council of State) exercises two types of functions: judicial (as the highest administrative court) and consultative (as advisory body to the executive). It has appellate but also original jurisdiction in some specific cases. 4. The Judicial District Tribunals are appeal courts of (5) and (7). 5. The Superior and Circuit Courts have original and appellate jurisdiction. They are the second instance of the municipal courts. 6. The Administrative Tribunals are the first instance courts of the Consejo de Estado judicial decisions.

1 State autonomy Chooses policy Realises goals Yes No Yes Autonomous Embattled No Instrumental Irrelevant Source: From M. Philp, in S. Kotkin and A. Sajos (eds), reproduced with permission. 2 State accountability Public accountability Hostage to sectional interests No Yes No Authoritarian state Class state Yes Constitutional state Façade state Source: From Mark Philp’s seminar on ‘The Autonomy of the State’, Oxford University, Trinity Term 1994, reproduced with permission. argued, an embattled state is unable to act hegemonically and is incapable of establishing its legitimacy in such a way as to be able to control its actions and command sufficient support to rule society.

The extent of this deficit has varied from one government to another, fluctuating upwards and downwards. One could say that in this panorama, the political system is not totally legitimate or illegitimate, but rather that it reflects an insufficient legitimacy. The third and last dimension of Beetham’s theory involves the demonstrable expression of consent on the part of the ruled. In Beetham’s view, actions expressive of consent are important for legitimacy because they constitute an express confirmation on the part of the subordinate of the position of those in power.

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